Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 2006015816
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed herein on October 26, 2009, be modified as follows:
1. On page 2, the first sentence of the first full paragraph is deleted and the following sentence is inserted in its place:
On the evening of May 5, 2004, Sandoval and Javier Acevedo, Avenue gang members, drove into an area adjacent to a rival gang's turf, a residential neighborhood within the Montalvo gang's "sphere of influence."
2. On page 3, lines 3-5, the sentence beginning "After the Bringer shooting" is deleted and the following sentence is inserted in its place:
After the Briner shooting, Sandoval told Ruiz that he and Acevedo "went to Montalvo" and saw a "white boy in the street" who was "saying things to 'em," so "they stopped, and they both got out of the car."
3. On page 3, line 7, the last sentence in the first paragraph, which reads "This incident took place in Montalvo territory," is deleted.
4. On page 5, line 4 of the second full paragraph, the words "entered Montalvo gang territory" are changed to "would search for rivals away from their own turf." Also on line 4, the sentence beginning "Sandoval's testimony about" is changed to "Week's testimony about."
5. On page 10, line 5 of the first full paragraph, the words "in Montalvo territory" are deleted so that the sentence ends after the words "gang banging." The following sentence is inserted after "gang banging" and before the sentence beginning "This evidence alone":
She said that when Avenue gang members say they are "gang banging down in Montalvo" it means "[t]hey're going to go look for people that are from the Montalvo gang and fight with them."
6. On page 11, line 6 of the second paragraph, the words "in Montalvo territory" are deleted so that the sentence ends after the words "who had challenged them."
There is no change in the judgment.
Appellant's petition for rehearing is denied.